Eds. Christian Joerges and Navraj Singh Ghaleigh. With a Prologue by Michael Stolleis and an Epilogue by Joseph H. H. Weiler. Oxford: Hart. 2003. Pp. 416.

Before 1933 commentaries on laws were exclusively juristic texts, written and read only by legal professionals. Beginning in 1934, scholars from different disciplines, especially medical scientists, began writing juristic commentaries. The essay examines the reasons for this development and explores how it changed the genre, using the example of the most important commentary on theBlutschutz-andEhegesundheitsgesetz, which resulted from the collaboration of two medical professionals and a legal professional. The article argues that the recruitment of non-juristic authors and the corresponding methodological (...) changes were caused by a debate on a possible “reform” of juristic commentaries which took place in law journals. From the perspective of the National Socialist regime, the genre in its traditional form was not compatible with the Third Reich’s philosophy of law.In this new genre, commentaries not only referred to legal problems, but also dealt with issues from other disciplines, such as medical questions. The essay modifies Mitchell G. Ash’s theoretical approach regarding the “entanglement” of jurisprudence and other disciplines. Law and other sciences became, according to Ash, “resources for one another”: Legal scholars could claim that legal decisions were based on scientific facts and therefore “unquestionable.” The affected disciplines also gained greater importance as a result of this process in which their findings becoming legally relevant. This transformation also enabled them to acquire resources for new research projects.Moreover, the essay examines the connection between this development and the change of audience within German courts. Not only did the authors of the commentaries change, but also the recipients: Many laws passed after 1933 introduced new courts using lay judges, professionals with a non-law background. These “experts” came from multiple fields connecting them to the new law, such as medical professionals. (shrink)

The Nuremberg Trials of leading National Socialists established the principle that individuals may be legally punished, even by death, for obeying the laws of their country. Is there then a higher law by which enacted valid positive laws may be judged, so that persons subject to such laws would be duty-bound to defy them? In recent years the theory of natural law has been revived by a number of philosophers and jurists, who however often disagree sharply among themselves about (...) the proper methods for defining and deriving natural law. Howard Kainz surveys the history of natural law from its foreshadowing in ancient Greece down to the most recent controversies. Natural Law both introduces the subject to newcomers and sheds fresh light on such figures as Plato, Aristotle, Hume, Kant, Veatch, McInerny, Grisez, and Finnis. (shrink)

Heidegger's connection with Nazism is well known and has been exhaustively debated. But we need to understand better why Heidegger believed National Socialism to be the best cure for the ills of modern society. In this book Christopher Rickey examines the internal logic of Heidegger's ideas to explain how they led him to become a powerful critic of liberalism and a Nazi supporter. Key to Rickey's interpretation is the radically antinomian conception of religiosity he finds at the core (...) of Heidegger's challenge to modernity. Heidegger responds to the crisis of modernity with a philosophy attuned to the fundamental need for humans to live with the proper stance toward the divine. Inspired by Lutheran and mystical theology, Heidegger outlines an essentially religious conception of authentic human being. Like his radical Lutheran forerunners, Heidegger politicizes the radical strains of Luther's theology to create a potent revolutionary brew: the revolution of the saints. Rickey traces out the ways in which these currents fundamentally shape Heidegger's thought: the Lutheran background to his critique of modern science and the technological rationality it spawns; his transformation of Aristotle's prudential conception of practical wisdom into the total revelation of being that lays the basis for revolutionary political action; and his mystical and sectarian understanding of authentic community. Rickey shows how this political-theological vision forms the basis of Heidegger's concrete political action, and concludes with an analysis of the fundamental problems this vision poses to our political thinking today. (shrink)

The aim of this chapter is to clarify the meaning and the use of the concept of relativism in the context of National Socialism (NS). This chapter analyzes three aspects of the connection between relativism and NS: The first part examines the critical reproach that NS is a form of relativism. I analyze and criticize the common core of this widespread argument, which is developed in varying contexts, was held in different times, and is still shared by several (...) authors. The second part investigates the ideological debate among Nazi philosophers themselves concerning whether NS is indeed a form of relativism. I focus on the epistemological consequences of Nazi anthropology and analyze both its relativistic tendencies and the strategies used to reject relativism. In contrast to the received view, I argue that Nazi philosophers attempted to overcome both absolutism and relativism. The third part investigates the academic debate on relativism during NS, using the example of the prize question on relativism that was announced by the Prussian Academy of Science in 1936. By examining the academic approaches to the problem of relativism, I also address the question of how broader philosophical debates were related to the core of Nazi ideology. Academic philosophers took the self-understanding of Nazi philosophers seriously. They saw the shared aim of overcoming relativism as an opportunity to collaborate with NS. The brief conclusion summarizes the findings of the chapter. I conclude that, in the context of NS, critics, ideologists, and academics understand and use the concept of relativism in the same way. (shrink)

First published in 1987. The legal and political writings of the German Social Democrats Kirchheimer and Neumann, from the period prior to the National Socialist seizure of power, are little known to English readers. This volume presents a selection of important essays from this period, which focus on the prospects for the constitutional realization of a social democratic order in the first German Republic - the Weimar Republic, created out of the collapse of the monarchy in 1918, and destroyed (...) by the National Socialists in 1933. Both Kirchheimer and Neumann were active as lawyers in the later 1920s and early 1930s, the latter especially having a close connection with trade union legislation and labour law. From their viewpoint as Social Democrats and lawyers they present incisive analyses of the problems confronted by the attempt to realize the ideal of a social Rechtsstaat in a political environment increasingly dominated by forces on left and right which saw constitutional order only as a means to seize power, and not as a legitimate form of order in itself. In these circumstances, political issues translated into constitutional issues, and thus could be analysed in terms of the aims and objectives of a given constitutional order. A substantial introduction by the volume's editor, Keith Tribe, presents the political and theoretical background to these essays, which range over questions of industrial democracy, political representation, parliamentary rule and the role of judicial review. These issues are once more on the political agenda of Western industrial democracies, and the analyses of Kirchheimer and Neumann have lost none of their force and relevance, despite the catastrophic 'failure' of Weimar democracy in 1933. (shrink)

The myth of the homeland -- The Nietzschean self-assertion of the German University -- The geo-politics of Heidegger's Mitteleuropa -- Heidegger's Greeks and the myth of autochthony -- Heidegger's "Nietzsche".

In 1933 the philosopher Martin Heidegger declared his allegiance to Hitler. Ever since, scholars have asked to what extent his work is implicated in Nazism. To address this question properly involves neither conflating Nazism and the continuing philosophical project that is Heidegger's legacy, nor absolving Heidegger and, in the process, turning a deaf ear to what he himself called the philosophical motivations for his political engagement. It is important to establish the terms on which Heidegger aligned himself with National (...) Socialism. On the basis of an untimely but by no means unprecedented understanding of the mission of the German people, the philosopher first joined but then also criticized the movement. An exposition of Heidegger's conception of Volk hence can and must treat its merits and deficiencies as a response to the enduring impasse in contemporary political philosophy of the dilemma between liberalism and authoritarianism. (shrink)

Citizenship is the right to be a citizen of a social, political, or national community. Aristotle was the philosopher who has been talking about citizenship since ancient times. His thoughts are still historical lessons for the operation of states today. In this article, the author focuses on analyzing basic thoughts on Aristotle's citizenship; which are shown in essential points such as (i) Citizenship is clearly shown in the role of the State, (ii) Right to education, (iii) The right to (...) participate in political affairs, (iv) Citizenship is associated with civic obligations. Thereby, the article draws its historical lesson for the current building of law-governed State in Vietnam in the following aspects: (i) Building a solid-state apparatus with a coherent and unified legal system; (ii) All the State's policies must originate from the Vietnamese practice, ensure the people's mastery and protect the people's legitimate interests; (iii) Consolidating and strengthening the relationship between the State and the people. (shrink)

During the formative years of National Socialist Germany, Carl Schmitt abandoned the decisionism he had been developing since the beginning of his career and turned toward institutionalism, known also as “concrete order thinking” and the philosophy of nomos. Schmitt had outlined his decisionist theory as a critical response to the normativist approach in legal positivism represented especially by Hans Kelsen. In Schmitt's understanding, normativism identified law (Recht) with legal rules and norms, dismissing the existential dimension of personal judgment and (...) decision in the theory of law.1 Schmitt's decisionism meant a revival of this existential dimension: “Law is concretized only in…. (shrink)

In this article I explore some topics of the philosophy of law of Julius Binder. More specifically, I explore the relation and compatibility of his ideas with national-socialism. In the first part of the article I analyze the neo- Kantian approach underlying to his philosophy. Subsequently I analyze his turn towards neo- Hegelianism. In the last sections I address the philosophical concept of nation that this author defended and I search for its links with both national- (...) class='Hi'>socialism and Hegelian philosophy. My final conclusion is that Hegel is not responsible for the use of his theories made by some Nazi authors such as Julius Binder. (shrink)

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law combining the insights of Marxism, socialist feminism and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law including new, feminist, realist and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure and process of international law. The book also considers crucial world order issues and problems that (...) the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics and global studies. (shrink)

Craig A. Condella - Heidegger's Roots: Nietzsche, National Socialism, and the Greeks - Journal of the History of Philosophy 44:4 Journal of the History of Philosophy 44.4 675-676 Muse Search Journals This Journal Contents Reviewed by Craig A. Condella Fordham University Charles Bambach. Heidegger's Roots: Nietzsche, National Socialism, and the Greeks. Ithaca, New York: Cornell University Press, 2003. Pp. xxvi + 350. Paper, $24.95. In the last twenty years, Martin Heidegger's encounter with National Socialism (...) has been an ongoing subject of debate. While some scholars believe that Heidegger's politics discredit his overall philosophical project, others argue that we can save Heidegger's philosophy by bracketing out his personal politics, effectively separating the man from the thinker. Splitting the difference between these two.. (shrink)

Insofar as John Stuart Mill can be accurately described as a socialist, his is a socialism that a classical liberal ought to be able to live with, if not to love. Mill's view is that capitalist economies should at some point undergo a `spontaneous' and incremental process of socialization, involving the formation of worker-controlled `socialistic' enterprises through either the transformation of `capitalistic' enterprises or creation de novo. This process would entail few violations of core libertarian principles. It would proceed (...) by way of a series of voluntary transactions. Capitalists' property rights would be respected throughout. The process would take place within a national system of laws that permits private ownership of productive property and competition, and would not result in that system's overthrow. And, if we accept some basic tenets of Mill's social philosophy, the outcome at which we should expect the process to arrive is a `patchwork' economy in which capitalistic and socialistic enterprises exist side by side. Key Words: Ludwig von Mises • John Stuart Mill • socialism • capitalism • worker control. (shrink)

Vietnam is implementing global socio-economic integration, so the law must also be renovated to meet the requirements of international integration. Because the law is attached to the country's institutions, it shows the consistency in Vietnam's politics, economy, and diplomacy. In the world, the rule of law is a typical value that humanity aims for because it upholds the law, expressing our nation's aspiration for a democratic and equal society. Therefore, Vietnam has built a socialist rule of law. To achieve this, (...) Vietnam must ensure the free power of its citizens, promote the democracy of the state, and ensure that power belongs to the people. The paper uses a materialist dialectical method to examine the building of civic consciousness that promotes the perfection of Vietnam's current socialist rule of law. At the same time, the article also uses analytical methods and synthetic methods to clarify the sense of citizenship in the Vietnamese state, Vietnam's political institutions, and the development of the socialist rule of law is correct. (shrink)

Scheuerman’s book is one of the handful of significant attempts to rethink Schmitt’s work systematically over the past four decades. In so doing, he raises three key questions for me. First, is Schmitt’s work a sincere contribution to legal and political theory, or an attempt to argue for setting the rule of law aside for authoritarianism, that is, an instrumental critique of indeterminacy? Second, to what extent is Schmitt – critical of the ‘bourgeois’ rule of law, critical of globalization – (...) really a thinker defending capitalism? Can he really be associated with the Ordoliberals (even if they adopted his arguments from 1931 to 1932 in their own writing of the time)? Third, to what extent were Schmitt’s early contributions to National Socialist law aimed at responding to legal indeterminacy, and to what extent did they in fact point towards a radicalism of German law within the Nazi system, especially insofar as they endorsed making decisions based on the principles of justice of the Nazi state – and potentially against the express language of statutes? (shrink)

According to Trawny, Heidegger’s Black Notebooks show that he turned away from any National Socialism in 1938 and that his thinking could be “contaminated” by National Socialism and anti-Semitism only between 1931 and 1944/1945. However, in this paper it is argued that already in Being and Time Heidegger had made a case for National Socialism; that he discovered in 1938 the “true” National Socialism, and that Trawny’s main criterion regarding Heidegger’s anti-Semitism is (...) false. Heidegger’s case is compared with Max Scheler, who, because of Hitler, turned from the right to the centre. In addition, alternatives to Trawny’s detailed interpretations of three of Heidegger’s anti-Semitic remarks are offered, it is shown that Trawny misconstrues Heidegger’s anti-Semitism, and the anti-Semitic aspects of Heidegger’s history of Being are presented. (shrink)

"Fritsche's book, which is closely researched, carefully argued, and philologically rigorous, will become an indispensable point of reference for further debates on Heidegger's ambiguous political and ethical legacy."—Richard Wolin, author of The Politics of Being "Unquestionably, Fritsche has a highly unusual command of the Heideggerian idiom, which he uses to very good effect."—Tom Rockmore, author of On Heidegger's Nazism and Philosophy.

People have been attaching increasing importance to national consciousness in recent years. Why is there a general tendency for national consciousness to become stronger in today's world? And why are even the socialist countries no exception? This is indeed an issue worth studying. My paper, "A Preliminary Analysis of ‘National Consciousness,’" was basically limited to explanation and interpretation and did not touch on the subject. In this article I intend, on the basis of the previous article, to (...) conduct a cursory analysis of the relationship between socialism and national consciousness. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Utopia and Modernity in China: Contradictions in Transition ed. by David Margolies and Qing CaoArtur BlaimDavid Margolies and Qing Cao, eds. Utopia and Modernity in China: Contradictions in Transition. London: Pluto Press, 2022. 176 pp. Paperback, £19.99, ISBN 978 0 7453 4739 4In recent years, numerous publications have appeared focusing on the until now little known non-Western utopias and utopianism.1 Utopia and Modernity in China is a most (...) welcome addition, offering a highly informative survey of Chinese utopias and utopianism combined with an insightful discussion of their formative role in the making of modern China. The book consists of seven chapters introducing different aspects of the opposition of utopia and modernity as exemplified by various cultural productions and their impact on the social and political life of the country. Its publication has acquired a special relevance today not only due to China’s increasingly major role in the contemporary world, but also in connection with its official support of the [End Page 143] Russian invasion of Ukraine, contradicting its repeatedly declared adherence to the principles of international law and the ideals of national sovereignty, noninterference, and harmony in international affairs.Although the term utopia appeared in Chinese discourse only at the end of the nineteenth century, the idea of a radically better society has always existed in China, assuming different forms and shapes. The contributors to the volume trace the functioning of the broadly conceived phenomenon of utopian thinking in various domains of Chinese cultural, social, and political life, paying special attention to literary and cinematic works. The declared aims of the book are not only cognitive but also pragmatic as the editors believe that recent Chinese history involving “fundamental conflict of values,” the country’s experiences with economic systems that fail to supply the needs of the population, and the emergence of a society based on inequality, can be seen as highly relevant in the Western context also, to the extent that—as the editors convincingly argue—it “can provide English-language readers with a perspective useful for making sense of their own condition” (2).The editors see the opposition of utopia and modernity as less significant in the Western context than in China, where modernity became essential for preserving the integrity of the state torn by the conflict between the traditional values of nonconfrontation and continuity and the urgent need for significant change. Unlike in the West, where the dominant view of modernity was largely influenced by the Platonic model of the society in which the class of rulers was protected by the military class controlling the rest of the population, the Confucian model of social relations prevalent in China was based—at least in theory—on the principle of harmony rather than force. Other factors defining the Chinese variety of utopianism were Taoism, emphasizing the importance of nature and “The Way,” and Buddhism, advocating the limitation of needs and control of desires. The editors see this as “the reverse of the West’s view: for China, utopia (in the aspect of harmony) is the expectation, the desired normal, while modernity is the disrupter” (4) which is responsible for the predominance of the nostalgic utopia looking backwards to the idealized harmony of the past. The revolutions taking place in China in the twentieth century led to the decline of traditional ideals and brought with them experiments with the implementation of various Western ideologies, ranging from liberalism and democracy to socialism and communism. As a result, there are three main tendencies in the value system of contemporary China: orthodox communism, market-based liberalism, and [End Page 144] values derived from traditional Chinese culture. Nevertheless, the state continues to be generally seen in Confucian terms as an extension of the family based on moral authority rather than as “necessary evil.”The first chapter, “The Lure of Utopia: Reinterpreting Liang Qichao’s Xinmin Shuo, 1902–1906,” proposes a new perspective on the ideas of Liang Qichao, a highly influential early twentieth-century political activist, journalist, and intellectual, by focusing on the ways in which he advanced a utopian vision of the West as a radical alternative to the traditional Chinese social views. Liang... (shrink)

As South Africa’s governing party between 1994 and 2024, the African National Congress (ANC) was in poll position to use the powers of state to effect the imaginary of the 1996 Constitution. This imaginary provides for the overturning of colonial and apartheid legacies to actualise the human potential of those previously excluded on the basis of race, gender, class, and sexuality. Due to a failure of political imagination, merely the top echelons of economic relations of power were deracialised. Most (...) of the population, and therefore most black people, remain mired in poverty. This failure opened the door to a discourse of anti-constitutionalism aimed at securing impunity for a predatory power elite. Instead of constitutional failure, as anti-constitutionalist detractors would have it, the lack of substantive change should be ascribed to the ANC’s policy decision to embrace a neoliberal form of capitalism, while paradoxically continuing with post-socialist adherences. These are identified as the ‘two-stage theory’ of historical change, which is unpacked along with the related ‘national democratic revolution’ and ‘colonialism of a special type’. How the post-socialist imaginary gave succour to clashing ANC factions is shown–and how it created a political culture at best ambivalent to substantive democracy as envisaged in the 1996 Constitution, and at worst authoritarian. Lubricated by an ethno-racial populism akin to that seen elsewhere on the globe, anti-constitutionalism found policy expression in the new uMkhonto weSizwe Party, founded by former president of the ANC and of South Africa, Jacob Zuma, the main accused in South Africa’s grand corruption known as state capture. (shrink)

This paper examines some of the key characteristics of a socialist health care system using the example of the British National Health Service (NHS). It has been claimed that the NHS has socialist principles, and represents an island of socialism in a capitalist sea. However, using historical analysis, this paper argues that while the NHS claims some socialist ends, they could never be fully achieved because of the lack of socialist means. The socialist mechanisms which were associated with (...) earlier plans for a national health service such as a salaried service, health centres, elected health authorities and divorcing private practice from the public service were discarded in negotiation. Moreover, even these would have achieved socialism merely in the sense of distributing health care, without any deeper transformation associated with doctor-patient relationships and prevention. In short, the NHS is more correctly seen as nationalised rather than socialised medicine, achieving the first three levels of a socialist health service identified here. It can be said to have socialist principles in the limited distributional sense and has some socialist means to achieve these. However, it lacks the stronger means to fully achieve its distributional goals, and is very distant from the third level of a radical transformation of health care. (shrink)

ArgumentBy breaking decisively with the predominantly apologetic and hagiographic literature on science during National Socialism and employing compelling terms such as “irresponsible purity” and “collaborative relations,” Herbert Mehrtens profoundly influenced both his contemporaries and the subsequent generation of historians working in this field.

This article introduces the Völkerpsychologie of the German psychologist and liberal politician Willy Hellpach. It shows how Hellpach used the once venerable approach of Völkerpsychologie, introduced by Moritz Lazarus and Heymann Steinthal in the nineteenth century, to adapt to the Third Reich and distract the authorities from his political career. The article provides a close reading of Hellpach's main text on the subject, the Einführung in die Völkerpsychologie published in 1938, and explains the ease with which he was able to (...) make this approach compatible with Nazi ideology. Hellpach's case thus illustrates the proximity of national-liberal thinking to ?Nazi ideology?. Moreover, on account of the post-war reception of Hellpach's Völkerpsychologie by scholars such as Ralf Dahrendorf, the article examines the uneasy and incomplete repudiation of Völkerpsychologie after 1945. It concludes that the origins of widely used concepts such as ?national habitus? or ?national identity? can be traced back to the tradition of Völkerpsychologie and related studies of national character. (shrink)

Charles Bambach’s recent book Heidegger’s Roots: Nietzsche, National Socialism, and the Greeks traces the themes of rootedness and the earthly in Heidegger’s thought. Focusing on the role of these themes in the major works of the 1930’s, Bambach offers an account of Heidegger’s relation to contemporaneous conservative and National Socialist ideologies. In this review article, I question the fundamental presupposition guiding Bambach’s approach and present specific reservations regarding his use of untranslated material from Heidegger’s Nietzsche lecture courses.

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.4 (2000) 617-634 [Access article in PDF] Edmund Burke and Reason of State David Armitage Edmund Burke has been one of the few political thinkers to be treated seriously by international theorists. 1 According to Martin Wight, one of the founders of the so-called "English School" of international theory, Burke was "[t]he only political philosopher who has turned wholly from political theory to (...) international theory." 2 The resurgence of interest in Burke as an international theorist has not, however, generated any consensus about how he might be classified within the traditions of international theory. Wight variously divided thinkers into trichotomous schools of Realists, Rationalists, and Revolutionaries, Machiavellians, Grotians, and Kantians, or theorists of international anarchy, habitual intercourse, or moral solidarity; 3 more recent international theorists have refined or supplemented these categories to construct similar trinitarian traditions of Realism, Liberalism, and Socialism, and of Empirical Realism, Universal Moral Order, and Historical Reason. 4 Burke's place within any of these traditions remains uncertain. Debate over whether he was a realist or an idealist, a [End Page 617] Rationalist or a Revolutionist, has concluded variously that he was a "conservative crusader" or an "historical empiricist," a belated dualist or a Cold Warrior before the fact, or, most egregiously, "a proto-Marxist, or more precisely proto-Gramscian" theorist of hegemony. 5 The fact that Burke so obviously eludes definition may put in doubt the analytical utility of closely-defined "traditions" of international theory. 6Burke's relationship to conceptions of reason of state provides a more precise example of the confusion within such taxonomies. According to one recent historian of international theory, Burke "laid the foundations" of the "conservative approach to International Relations informed by the two modern notions of state interest and necessity, by raison d'état"; however, in the words of another, "Burke... was vehemently opposed to the idea of Reason of State and did not subscribe to the view that national interests override moral laws." 7 The assumptions on which each of these judgments rests are clearly incompatible: on the one hand that a "conservative approach" in the realm of foreign affairs implies an espousal of reason of state defined as the primacy of "state interest and necessity," that Burke did indeed acknowledge; on the other hand that reason of state is defined more exactly as "the view that national interests override moral laws" and that Burke did not hold such a view, so could not be defined as a reason-of-state theorist. It might of course be possible that Burke held various views on such matters at various points in his long literary and political career or that he argued for differing conceptions of reason of state in differing contexts. To test such a hypothesis demands a historical account of Burke's relationship to the theories of reason of state held by his contemporaries and predecessors. [End Page 618]To place Burke within traditions of reason of state might seem to be a simple category error. After all, he famously scorned "dashing Machiavellian politicians," deplored "the odious maxims of a Machiavellian policy," condemned "the dreadful maxim of Machiavel that in great affairs men are not to be wicked by halves," and identified the Discorsi as the inflammatory textbook of French republicanism. 8 His strictures on Machiavelli and Machiavellianism affirmed avant la lettre the classic modern account of reason of state offered by Friedrich Meinecke, which counterposed "raison d'état on the one hand, and ethics and law on the other" and traced the emergence of this separation to the heathen Florentine who had given the tradition its familiar nickname. 9 Such accounts of reason of state and of Machiavelli reinforced the long-standing interpretation of Burke as the last of the medieval theorists of natural law, for whom no merely human calculations of advantage or interest could override the dictates of divine reason. If reason of state represented the doctrine that political expediency should supersede moral law, then Burke could only have been its (and Machiavelli's) enemy: his "politics... were grounded... (shrink)